Patent filing in India is a serious task that requires years of experience and true technical knowledge of the subject. An application for a new invention novel is file for patent filing and the patent application has not been disclose anywhere before being file before the Office of the Comptroller of Patents in India. Discovery of new goods or industrial process can be introduce in India. The main qualification for the search for a patent grant is the existence of research measures, and which is not clear.
Industrial utility is another important characteristic and ultimately, search must be commercially profitable, in other words, search claims must indicate effective value. After the patent filing in chennai process, an invention carried out by an individual or company acquires intellectual property. If it is unique, the government will give full rights to our product. It gives the full right to create, use, sell or import products or services and prohibits others from doing so.
Patent filing in India are governed by the Patents Act 1970 and the Patent Rules 1972.The lifespan of a patent is 20 years. This period is limit in most cases, but it could only be extend by an act of Congress and in rare cases it can be extend to a few years. Patents can be for many things, be it process, art, method of production, special device, machine, computer software, technical application, chemicals or drugs.
Procedure for patent filing:
1 – Check the patentability of the invention
Before filing a patent application in India, the first is to find out the detailed patentability to determine whether a patent can be granted. It should include both patent and non-patent references. Based on the information discovered during the search, have the option to calibrate patent application so that do not end up patent filing that already exists.
The patent must meet all the criteria as per the Indian Patents Act:
2 – Drafting a patent application (temporary or complete)
The patent application is file in Form-1 along with the prescribe fee mention in Schedule 1 in the patent office fee as per jurisdiction. Each patent application is accompanied by a patent specification (Form 2).
Depending on the search status, can file either a temporary or full application. If it is still in development mode, it is recommend to file a temporary application to block all important filing dates. A full specification will be file within twelve months from the date of filing the application, and if the full specification is not file, the application will be deem to have been abandon.
The patent registration in chennai should include the following – the title of the patent invention, the background of the invention, the purpose of the invention / the subject of the budget, if there is any understanding from the patent drawings, the invention description, patent claims, and the patent abstract of the declaration and the list of sequences.
3 – Fill out the patent application in India
First patent filing in India – Once the application is draft; we need to secure the date for filing and filing the patent application in India. If a provisional application is file, a full specification will be file within twelve months from the date of filing the application, and if a full specification is not file within that period, the application will be deem to have been dismiss.
Foreign Filing Decision – If we are interest in securing our search in another foreign jurisdiction, must file it within 12 months from the date of the first filing, depending on the countries of interest.
Each patent filing application must be complete in the following form:
Form1 :Application for Patent Grant
Provisional / Full Specification(form2)
Statement and guarantee regarding foreign application under section under the Patent Act, “Act” (only required when the relevant patent application is filed in another country)
Detective Ship Declare (must be filed with full application only)(form5)
Patent Agent Authorization Form (Required only if we are using a Patent Agent to assist in filing an application)-form 26
Form 28 – to be submit by start-up or small entity (require only if we are claiming status of start-up or small entity)
If claiming a priority from a foreign patent application and are entering India, may also need to provide a priority document.
4 – Release of the patent application
The application is publish in the official journal at any time after a period of 18 months from the date of filing the application or the preference date of the application which precedes it.
There is provision for early release of Indian patent application by filling a formal request.
The initial release rule does not apply if:
Privacy directives have been impose under Section 35 of the Act.
The application has been dismiss under Section 9 (1) of the Act.
The applicant has withdrawn his application three months before the expiry of the fixed period of 18 months
5 – Examination of patent application
Not every patent application is examine; The applicant or any other third party will have to file a request for examination under Form 18 and for expeditious examination of Form 18A (subject to conditions prescribed in the rules).
Examination Process (Objection and Response to Objections by the Examiner)
Once the application is file, it is finish at the examiner’s desk. During the examination process the examiner will check the application to see if it is in accordance with the Patent Act and rules.
The examiner makes a report of the first examination of the application and will present the state for objections if any. The applicant is then require to comply with the require within a period of months from the date of the FER, which can be extend to months by filing a form fil.
6 – Patent grant
Grants are order when all the require of the Patent Act have been comply with and will be publish in the Patent Journal.
7 – Renew
That schedule after the patent grant. Renewal needs to be done from 3rd year by paying renewal fee as mention in 1. Renewal can be done for a maximum of 20 years from the date of filing the patent in India.